Your Responsibilities if a Passenger is Injured in Your Car

A car accident is a traumatic experience, but the situation becomes infinitely more stressful when you have a passenger in your car—especially a friend or family member—and they get hurt. In addition to your own injuries and the damage to your car, you now have a profound sense of responsibility for their well-being. This responsibility is not just personal; it’s also legal and financial.

If your passenger is injured, you are their first and most direct link to insurance compensation, regardless of who was at fault for the accident. Understanding your duties and how your own insurance policy works to protect your passengers is crucial.

It can feel awkward and uncomfortable when a friend needs to make a claim that involves your insurance, but it’s important to remember that this is precisely why you pay for coverage. Your insurance is there to protect not only you, but also anyone you invite into your vehicle.

Useful Information for You: In a Nutshell

• Your PIP Coverage is Their First Stop: In Washington, your own Personal Injury Protection (PIP) auto insurance is the primary source of coverage for your passenger’s initial medical bills, regardless of who was at fault.
• If the Other Driver Was At Fault: Your injured passenger has the right to file a personal injury claim against the at-fault driver’s liability insurance for all their damages.
• If YOU Were At Fault: Your passenger has the right to file a personal injury claim against your own liability insurance. This is not a personal attack; it is the standard legal procedure.
• Your Duty is to Be Honest and Cooperative: You have a responsibility to report the accident accurately to the police and your insurance company, including listing all passengers and their injuries.
• Don’t Discourage a Claim: Never try to convince a passenger not to seek medical treatment or file a claim to protect your insurance rates. This can have serious legal and personal consequences.

How Your Insurance Protects Your Passengers

1. Your Personal Injury Protection (PIP) is Primary

This is the most important and immediate benefit. In Washington State, your PIP coverage is “no-fault,” and it extends to any passengers in your vehicle at the time of the crash.

• What it does: Your PIP will pay for your passenger’s initial, reasonable, and necessary medical expenses up to your policy limit, no matter who caused the accident.
• How it works: Your injured passenger will use your PIP claim number when they go to the doctor or hospital. This ensures their bills get paid promptly without them having to pay out-of-pocket.

2. The At-Fault Driver’s Liability Insurance

If another driver caused the accident, your passenger has a full legal right to file a third-party personal injury claim against that driver’s liability insurance. This claim can cover all of their damages, including:

• Medical bills that exceed your PIP limits.
• Lost wages if they were unable to work.
• Their pain, suffering, and emotional distress.

3. Your Own Liability Insurance

This is the most sensitive scenario. If you were the one at fault for the accident, your injured passenger’s only recourse for full compensation is to file a claim against your own bodily injury liability insurance.

• This is Not a Personal Lawsuit: It is crucial to understand that this is a claim against your insurance company, not against you personally. The purpose of liability insurance is to protect your personal assets by paying for the damages you negligently cause.
• Your Duty to Cooperate: Your insurance policy requires you to cooperate with your insurer in their investigation of your passenger’s claim.

Your Responsibilities as the Driver

• At the Scene: Your first duty is to the health and safety of your passenger. Call 911 immediately and ensure they receive medical attention. When speaking to the police, make sure to state that you had a passenger and that they are complaining of pain.
• With Your Insurer: When you report the accident to your own insurance company, you must inform them of the name and contact information of your passenger and that they were injured. This is what opens the door for them to access your PIP coverage.
• With Your Friend or Family Member: It can be an awkward conversation, but it’s important to be supportive. Reassure them that using your insurance is the right and necessary thing to do. Do not let concerns about your premiums stand in the way of their recovery.

Navigating a claim involving an injured passenger requires careful handling of both the legal process and your personal relationships. If you’ve been in an accident in the Tacoma area where your passenger was injured, search the Car Accident Lawyer Directory Tacoma. An experienced local attorney can provide guidance to both you and your passenger on how to handle the complex insurance claims process correctly and fairly.

References

• Washington State Office of the Insurance Commissioner (OIC) – Personal Injury Protection (PIP):

  Official guidance explaining that PIP coverage extends to passengers in the insured vehicle.

  https://www.insurance.wa.gov/personal-injury-protection-pip-and-how-it-works-your-auto-insurance-policy

• Washington State Office of the Insurance Commissioner (OIC) – Bodily injury liability coverage:

  The official explanation of liability coverage, which pays for injuries to others—including passengers—when you are at fault.

  https://www.insurance.wa.gov/what-bodily-injury-liability-coverage